When workplace or business relationships break down, legal clarity becomes essential. Wrongful Dismissal and Contract Disputes in Alberta are two of the most common issues brought before the courts, often involving significant financial and reputational consequences. At Warnock & Associates, our litigation lawyers in Airdrie assist clients in understanding their rights and navigating these complex disputes under Alberta law.
Understanding Wrongful Dismissal in Alberta
Wrongful dismissal occurs when an employee is terminated without reasonable notice or without just cause. In Alberta, employment law is governed by both the Employment Standards Code (ESC) and the common law, which together determine what constitutes fair treatment when an employee is let go.
While the ESC sets out minimum notice or pay-in-lieu requirements, common law often grants employees greater entitlement based on factors like tenure, age, role, and likelihood of re-employment.
For instance, an employee who has worked for a decade in a senior position may be owed several months of pay, even if the statutory minimum under the ESC is much shorter. Legal advice helps ensure those rights are properly enforced.
When Employers Can Terminate Without Notice
An employer may terminate without notice only for just cause — such as serious misconduct, dishonesty, or gross insubordination. However, proving just cause in Alberta is challenging. Courts require clear, documented evidence that the employee’s behaviour made continued employment impossible.
In practice, many terminations labeled as “for cause” do not meet this legal threshold. That’s why it’s crucial for employees to seek independent legal advice immediately after termination to assess whether the dismissal was truly justified.
Remedies for Wrongful Dismissal
If wrongful dismissal is proven, Alberta courts can order compensation for lost wages and benefits, often referred to as damages in lieu of notice. In certain cases, additional damages may be awarded for bad faith conduct during dismissal — for example, when an employer damages an employee’s reputation or acts in a misleading or punitive way.
At Warnock & Associates, we work with clients to calculate fair compensation, negotiate settlements, or pursue litigation if necessary. Our goal is to resolve disputes efficiently while protecting our clients’ financial and professional interests.
Contract Disputes in Alberta: When Agreements Break Down
Beyond employment matters, contract disputes are a common area of civil litigation in Alberta. These disagreements arise when one party fails to fulfill their contractual obligations — whether in a business partnership, service agreement, or property transaction.
Common examples include:
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Failure to deliver goods or services as promised
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Breach of payment terms
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Disputes over contract interpretation
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Termination or non-performance claims
Under Alberta law, a valid contract must include offer, acceptance, consideration, and an intention to create legal relations. When these foundations are breached, litigation may be necessary to enforce the agreement or recover damages.
Steps in Resolving Contract Disputes
Resolving contract disputes in Alberta often begins with demand letters and negotiation. In many cases, disputes can be resolved through alternative dispute resolution (ADR) such as mediation or arbitration — both of which are faster and less costly than court proceedings.
If these options fail, the matter can proceed to the Alberta Court of Justice or Court of King’s Bench, depending on the amount in dispute. Proper documentation — including contracts, correspondence, and performance records — becomes essential evidence in such cases.
Employment and Contract Claims: The Overlap
Wrongful dismissal and contract disputes often overlap when an employment contract defines termination terms, bonuses, or post-employment obligations. Courts will closely analyze these written terms alongside statutory and common law principles.
At Warnock & Associates, we review the employment contract, assess its enforceability, and determine whether the termination breached contractual or statutory rights. This dual focus helps clients pursue the strongest available remedy.
Why Legal Guidance Matters
Both wrongful dismissal and contract disputes can escalate quickly and become emotionally draining. Having experienced litigators on your side ensures that your rights are protected, deadlines are met, and evidence is properly managed.
The litigation team at Warnock & Associates in Airdrie provides strategic advice tailored to your unique circumstances — whether you are an employee, employer, or business owner facing a contractual disagreement. We represent clients in both employment law and civil litigation matters across Alberta, guiding them from initial consultation through negotiation and, if needed, trial.
Choosing the Right Legal Partner
Selecting a knowledgeable and experienced legal team can make all the difference in achieving a favourable outcome. At Warnock & Associates, we take the time to understand each client’s goals and work diligently to resolve disputes efficiently and effectively.
If you are dealing with wrongful dismissal and contract disputes in Alberta, contact our Airdrie office to schedule a consultation. Our lawyers will help you evaluate your case, explore settlement options, and pursue the best path forward under Alberta law.
